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Decision Text

ARMY | BCMR | CY2001 | 2001060445C070421
Original file (2001060445C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 November 2001
         DOCKET NUMBER: AR2001060445


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Melvin H. Meyer Member
Ms. Regan K. Smith Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his award of the Air Medal (AM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3. The applicant states he was awarded the AM while assigned to Vietnam.

4. In support of his application, the applicant submitted a copy of a letter from his congressman congratulating him on being awarded the AM while serving in Vietnam.

5. The applicant’s military records show that he was inducted into the Army of the United States on 26 May 1970 for a period of 2 years. Following completion of all military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman, and was assigned to the Republic of Vietnam for his first permanent duty station. He served there with Company A, 1st Battalion (Airmobile), 501st Infantry from 4 November 1970 to 3 November 1971.

6. The applicant was separated with an honorable discharge on 14 December 1971 under the provisions of Army Regulation 635-200 by reason of early release of overseas returnees and transferred to the United States Army Reserve. He was credited with 1 year, 6 months, and 19 days of active military service. His DD Form 214 reflects the following awards: National Defense Service Medal, Vietnam Campaign Medal w/60 Device, Vietnam Service Medal w/ 1 Bronze Service Star and Combat Infantryman Badge.

7. United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal (AM). It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. Nothing created an entitlement to the award. There was no provision for making the award simply because an aircraft was struck by enemy fire.


CONCLUSIONS:

1. The record reflects that the applicant served in Vietnam and was assigned to 1st Battalion (Airmobile), 501st Infantry. He provides a copy of a letter from his congressman congratulating him on being awarded the AM while serving in Vietnam. The Board accepts this information as proof of the applicant's entitlement to the AM.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, awarding him the AM.

BOARD VOTE:

_JLP____ ___MHM_ __RKS__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _ Jennifer L. Prater___
                  CHAIRPERSON




INDEX

CASE ID AR2001060445
SUFFIX
RECON
DATE BOARDED 20011120
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 19711214
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON Early release of overseas returnee
BOARD DECISION GRANT
REVIEW AUTHORITY DASA
ISSUES 1. 107.0018
2.
3.
4.
5.
6.


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